136 Attestation – who can?

Land Owner

MANUAL PROCESS OF LAND DEVELOPMENT
Disclaimer : This guide is prepared to provide basic guidance for application process on land matters at Land and District Offices. The process guidance that are uploaded in this website may vary with the State Land Rules or other rules set by the State Authority.
 
GENERAL INFORMATION
Transfer of land is a process to change the name of registered proprietor in the title. The transfer of land can be done only for the title that has no restriction in interest or caveat; however, for title with restriction in interest or caveat, prior consent from the interested parties must be obtained first. TO WHOM THE LAND CAN BE TRANSFERRED 

  • Malaysian citizen of age 18 and above.
  • Non-Malaysian citizen and foreign company with the approval from the State Authority.
  • Corporations that are allowed under their constitutions to hold land.
  • Sovereign’s ruler, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic and Consular Privileges Ordinance 1957.
  • Bodies expressly empowered to hold land under any other written law.


RESTRICTION AND LIMITATION TO TRANSFER OF LAND
A consent letter from the State Authority shall be obtained when transferring any land with restriction in interest.
Caveat : Consent must be obtain from the caveator.
Charges : Consent must be obtain from the chargee.
Lease : Consent must be obtain from the lease holder.
Agricultural land less than 2/5 Hectare (1 Acre)
Estate Land more than 40 Hectare (100 Acre) : Consent must be obtained from the Estate Land Board
Non-Malaysian citizen or foreign company : Consent must be obtained from the State Authority ATTESTATION
Attestation to the transferor and transferee are as in the Fifth Schedule of the National Land Code 1965, among them are :

  • The Registrar / A Land Administrator
  • An advocate and solicitor
  • A notary public

*For Malay Reservation, only the Registrar or Land Administrator shall make the attestation. ONE PIECE FLOW
Registration for land transfer can be done within one (1) working day if all the documents concern is complete and fit for registration. MANUAL PROCESS FOR APPLICATION OF PARTITION OF LAND (SECTION 142 OF THE NATIONAL LAND CODE) GENERAL INFORMATION 
Partition of land means land which are held under the final title, either a Registrar title or a Land Office title, that are partition into two (2) or more part. Each part is held by the different co-proprietor under separate title. Application must be made to the Land Administrator;
Application must be made by the land owner himself/herself;
All the required documents must be included when making the application. DOCUMENTS
Fill up 3 copies of 9B Form that have been signed by the proprietor, Power of Attorney or company.
For the Power of Attorney or company :

  • Letter of the Power of Attorney must be registered at the High Court and Land Office if the application is made by the proprietor representative.
  • Memorandum of Article of the company if the application is made by company.
  • 12 copies of plan which includes the master plan, location plan, and site plan that are prepared and signed by licensed Surveyor.
  • The plan must be signed by all proprietors and shall be registered by the Planning Authorities.
  • Official Search Certificate 
  • The current year quit rent receipts.
  • A copy of the Issue Document of Title (IDT); and
  • Written consent from parties who have registered interest on the land.


FEE TO BE PAID
(Fee is according to the State Land Rules) POWER OF APPROVAL
State Authority MANUAL PROCESS OF APPLICATION FOR SUBDIVISION OF LANDS (Seksyen 137 NATIONAL LAND CODE)
 
GENERAL INFORMATION
Subdivision means land which are held under the final title, either a Registrar title or a Land Office title, that are subdivideinto two (2) or more portions (refers to as “subdivisional portions”. Each one is held by the same proprietor under separate titles.
Application must be made to the Land Administrator;
Application must be made by the land owner himself/herself;
All the required documents must be included when making the application. DOCUMENTS
Fill up 3 copies of 9A Form that have been signed by the proprietor, Power of Attorney or company.
For the Power of Attorney or company :

  • Letter of the Power of Attorney must be registered at the High Court and Land Office if the application is made by the proprietor representative.
  • Memorandum of Article of the company if the application is made by company.
  • 12 copies of plan which includes the master plan, location plan, and site plan that are prepared and signed by licensed Surveyor.
  • The plan must be signed by all proprietors and shall be registered by the Planning Authorities.
  • Official Search Certificate 
  • The current year quit rent receipts.
  • A copy of the Issue Document of Title (IDT); and
  • Written consent from parties who have registered interest on the land.


FEE TO BE PAID
(Fee is according to the State Land Rules) POWER OF APPROVAL
State Authority

Ref:

Verbatim from https://www.jkptg.gov.my/en/pemilik-tanah/

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